Ebright v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-662V

Filed: December 3, 2014

Not for Publication *************************************

GRETCHEN BRADY EBRIGHT, * *

Petitioner, * * Damages decision based on proffer; v. * influenza (flu) vaccine; shoulder * injury related to vaccine SECRETARY OF HEALTH * administration (SIRVA) AND HUMAN SERVICES, * *

Respondent. * * *************************************

James R. Moyles, Harrisburg, PA, for petitioner.

Ann D. Martin, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On July 28, 2014, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10–34 (2006), alleging that she suffered a left shoulder injury as a result of the influenza (“flu”) vaccination she received on November 8, 2013. On November 19, 2014, respondent filed her Rule 4(c) Report, conceding that petitioner suffered from a shoulder injury related to vaccine administration (“SIRVA”) and recommending compensation.

On December 3, 2014, respondent filed Respondent’s Proffer on Award of Compensation. The undersigned finds the terms of the proffer to be reasonable. Based on the record as a whole, the undersigned finds that petitioner is entitled to the award as stated in the proffer. Pursuant to the terms stated in the attached proffer, the court awards a lump sum payment of $90,000.00, representing all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for $90,000.00 made payable to petitioner.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2

IT IS SO ORDERED.

Dated: December 3, 2014 /s/ Laura D. Millman Laura D. Millman Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS ____________________________________ )

GRETCHEN BRADY EBRIGHT, ) )

Petitioner, ) ) No. 14-662V v. ) Special Master Millman ) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, ) )

Respondent. ) ____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded $90,000.00, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). 1 Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made through a lump sum payment of $90,000.00 in the form of a check payable to petitioner.

Petitioner agrees.

Respectfully submitted, JOYCE R. BRANDA

Acting Assistant Attorney General RUPA BHATTACHARYYA Director

Torts Branch, Civil Division VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

GLENN A. MACLEOD

Senior Trial Counsel

Torts Branch, Civil Division s/ Ann D. Martin

ANN D. MARTIN

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

Telephone: (202) 307-1815

Dated: December 3, 2014